People take this “country as brand” thing seriously. See this from the Daily Yomiuri. Countries aren’t brands, they are appellations of origin.
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Buy What I Say, Not What I Do
Verisign, which still encourages broad ccTLD filing programs as a form of brand protection, and also offers to renew brand owners’ existing portfolios for them, has not renewed NETSOL.CO.UK. (Verisign purchased and re-named Network Solutions, and still maintains netsol.com). The new owner has a sense of humor. Thanks to Volokh for this.
If you enter…
Take the Points on Ruth Bader Ginsburg
Via Ernie the Attorney, Fantasy Court League. My concern is that organized crime will move in and Justices will start fixing the games.
Proof of Secondary Meaning
Were I to file for TRADEMARK BLOG as a trademark, and if the PTO were to refuse the application under Trademark Act Section 2(e)(1) on the grounds that TRADEMARK BLOG merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services, then I would proffer a copy of this article from…
Pop-Up Advertising and Free Riding
Another pop-up lawsuit, this time brought by Weight Watchers regarding a competitor’s use of the WhenU online advertising service. Via Newsday.
The pop-up, meta-tag and keyword lawsuits will define the boundary of “contextual” or “Targeted” marketing. The Internet creates amazing opportunities for efficiently reaching a target market. However problems arise when someone seeks to…
In Which It Sounds Like Ashcroft in a Walk
A first-hand account of Eldred via How Appealing.
All About You
So my crack IT department (Nathan) ran a web server statistics report and we learned the following:
The five most popular Trademark Blog items ever were:
2. Baltimore Ravens / Stupid Nigerian scam joke
4. The Trademark Ramifications of Spoofing
The term most often used…
All Eldred, All The Time
The most complete coverage of today’s Eldred hearing is at Copyfight, including an in-person account. With due respect to this viewpoint, it seems that at least two rationales, the first being the harmonization with Europe argument, and the second being the fact that there have been previous copyright term extensions which would implicitly be…
NEW ZEALAND Brand Country, For All Your Country Needs
Someone other than the country of New Zealand registered newzealand.biz. The country of New Zealand, or more accurately, its monarch, Queen Elizabeth, brought a STOP proceeding. Anyway, the panel goes through some tortured discussion as to whether it can be said that New Zelanad owns common law rights in NEW ZEALAND as a trademark, and…
More Thoughts on Ty v. Perryman
I would imagine that the owners of DISCOUNTMARLBOROS.COM (see background here) would cite the BARGAINBEANIES.COM case (see background here). Of course in both situations, the “Aftermarket” distributors were using the domain name to point to a site where they sold all their goods of different brands and not just those under the…